45th legislature - STATE OF NEW MEXICO - first special session, 2001

RELATING TO THE REDISTRICTING OF THE STATE BOARD OF EDUCATION; ESTABLISHING STATE BOARD OF EDUCATION DISTRICTS; PROVIDING THE METHOD FOR ELECTING MEMBERS; PROVIDING FOR THE FILLING OF VACANCIES; FIXING THE NUMBER, RESIDENCE AND TERMS OF MEMBERS; REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "2001 Educational Redistricting Act".

Section 2. PRECINCTS.--

A. Precinct designations and boundaries used in the 2001 Educational Redistricting Act are those precinct designations and boundaries established pursuant to the Precinct Boundary Adjustment Act and revised and approved pursuant to that act by the secretary of state as of August 31, 2001.

B. A board of county commissioners shall not create any precinct that lies in more than one state board of education district and shall not divide any precinct so that the divided parts of the precinct are situated in two or more state board of education districts. Votes cast in a statewide election from precincts created or divided in violation of this subsection are invalid and shall not be counted or canvassed.

Section 3. STATE BOARD OF EDUCATION--MEMBERSHIP.--The state board of education is composed of ten elected members and five appointed members, one member elected from each elective board of education district and one member appointed from each of five appointive districts.

Section 4. BOARD OF EDUCATION DISTRICT ONE.--Board of education district one is composed of Bernalillo county precincts 1 through 3, 20 through 55, 61 through 67, 71 through 77, 80 through 85, 87 through 93, 96, 97, 99, 111 through 114, 120 through 125, 131 through 133, 135, 154 and 162 through 166.

Section 5. BOARD OF EDUCATION DISTRICT TWO.--Board of education district two is composed of Bernalillo county precincts 4 through 10, 12 through 18, 86, 307, 308, 347, 400 through 430, 435 through 440, 447, 449 through 454, 461 through 466, 471 through 474, 480 through 500, 502 through 536, 538, 540, 546 through 549, 560 through 565, 568, 601 and 602.

Section 6. BOARD OF EDUCATION DISTRICT THREE.--Board of education district three is composed of Bernalillo county precincts 11, 94, 95, 98, 101 through 107, 150 through 153, 161, 180 through 187, 191 through 197, 211, 212, 214 through 217, 221, 223 through 226, 241 through 246, 251 through 258, 271 through 275, 278, 281 through 287, 289 through 302, 304 through 306, 311 through 318, 321 through 323, 326 through 333, 341 through 346, 351 through 358, 371 through 375, 381 through 387, 431 through 434, 441 through 446, 475 through 478, 542 through 545 and 550.

Section 7. BOARD OF EDUCATION DISTRICT FOUR.--Board of education district four is composed of Bernalillo county precincts 303, 537, 539, 541, 551 through 559, 566, 567, 569, 571 and 573; Los Alamos county; Sandoval county precinct 51; and Santa Fe county.

Section 8. BOARD OF EDUCATION DISTRICT FIVE.--Board of education district five is composed of McKinley county; and San Juan county.

Section 9. BOARD OF EDUCATION DISTRICT SIX.--Board of education district six is composed of Catron county; Cibola county; Grant county; Hidalgo county; Luna county; Sierra county; Socorro county; and Valencia county.

Section 10. BOARD OF EDUCATION DISTRICT SEVEN.--Board of education district seven is composed of Dona Ana county; and Otero county precinct 1.

Section 11. BOARD OF EDUCATION DISTRICT EIGHT.--Board of education district eight is composed of Chaves county precincts 41, 51, 52, 61 through 63, 71 through 73, 90, 92 and 101 through 104; Eddy county; Lea county; and Otero county precincts 2 through 40.

Section 12. BOARD OF EDUCATION DISTRICT NINE.--Board of education district nine is composed of Chaves county precincts 1 through 7, 9 through 16, 21 through 25, 31 through 36, 42, 43, 81 through 85, 91 and 93; Curry county; De Baca county; Guadalupe county; Lincoln county; Quay county; Roosevelt county; San Miguel county; and Torrance county.

Section 13. BOARD OF EDUCATION DISTRICT TEN.--Board of education district ten is composed of Colfax county; Harding county; Mora county; Rio Arriba county; Sandoval county precincts 1 through 50, 53 through 56, 58 through 64 and 67; Taos county; and Union county.

Section 14. APPOINTIVE BOARD OF EDUCATION DISTRICTS.--For the purposes of appointing members of the state board of education, five districts are created as follows:

A. appointive district A consists of state board of education districts two and four;

B. appointive district B consists of state board of education districts one and three;

C. appointive district C consists of state board of education districts five and ten;

D. appointive district D consists of state board of education districts six and seven; and

E. appointive district E consists of state board of education districts eight and nine.

Section 15. RESIDENCE.--A candidate for the office of state board of education member shall reside in the district for which he files a declaration of candidacy at the time of such filing. If an elected or appointed board member permanently removes his residence from or maintains no residence in the district from which he was elected or appointed, he shall be deemed to have resigned and his successor shall be selected as provided in Sections 16 and 17 of the 2001 Educational Redistricting Act.

Section 16. ELECTED MEMBERS--STAGGERED TERMS.--

A. Elected members of the state board of education shall be elected for staggered terms of four years.

B. Board members shall be elected at the general election for terms commencing on January 1 next succeeding their election.

C. Board members from districts one, four, eight, nine and ten shall be elected at the general election in 2004 for terms that expire in 2008.

D. Board members from districts two, three, five, six and seven shall be elected at the general election in 2002 for terms that expire in 2006.

E. The governor shall by appointment fill a vacancy in the office of an elected member of the state board of education. An appointee filling such a vacancy shall serve until a successor is elected at the next general election. The successor shall be elected to fill the unexpired term for the district from which the person creating the vacancy in the office was elected.

Section 17. APPOINTED MEMBERS--STAGGERED TERMS.--

A. One member of the state board of education shall be appointed from each of the five state board of education appointive districts by the governor by and with the consent of the senate.

B. Appointed members shall be appointed for staggered terms of four years.

C. Terms of appointed members shall expire on December 31.

D. If a vacancy occurs in the office of an appointed member of the state board of education, it shall be filled by appointment of the governor by and with the consent of the senate for the remainder of the term of the member creating the vacancy.

Section 18. CONTINUING TERMS.--A member of the state board of education who was appointed or elected pursuant to the provisions of Laws 1991 (1st S.S.), Chapter 4, Sections 1 through 17 and who is serving on the board as of the effective date of this section shall serve the remainder of the term for which he was elected or appointed.

Section 19. REPEAL.--Sections 22-3-37 through 22-3-54 NMSA 1978 (being Laws 1991 (1st S.S.), Chapter 4, Sections 1 through 18) are repealed.